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Deutsch v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 1, 2006

FRANCIS T. DEUTSCH, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM AND ORDER

This matter is before the Court on petitioner's motion for relief pursuant to 28 U.S.C. § 2255. On August 21, 2002, the Court revoked petitioner's supervised release in three criminal cases and sentenced petitioner to one month imprisonment in case no. 96-cr-30047, 24 months imprisonment on each of Counts 1, 2, and 3, in case no. 96-cr-30084, said terms to run concurrently, and 36 months imprisonment on each of counts 1, 2, and 3 in case No. 96-cr-30085, said terms to run concurrently. However, the terms in the three cases were to run consecutively, for a total of 61 months imprisonment. Plaintiff appealed each sentence, and the Court of Appeals for the Seventh Circuit affirmed. United States v. Deutsch, 403 F.3d 915 (7th Cir. 2005). The Supreme Court denied certiorari, October 3, 2005, Deutsch v. United States, 126 S.Ct. 165 (2005), and rehearing, November 28, 2005, Deutsch v. United States, 126 S.Ct. 722 (2005). On, September 28, 2006, Petitioner filed the instant motion under § 2255.

In his motion the Petitioner raises four grounds for relief: (1) that revocations in each criminal action based on the same actions constitutes double jeopardy, (2) that the prosecution failed to disclose evidence favorable to petitioner, (3) that petitioner received ineffective assistance of counsel, and (4) that the actions of the United States Attorney constituted prosecutorial misconduct.

The Court ORDERS the Government to file a response to Petitioner's motion within THIRTY (30) DAYS of the date of this Order. The Government shall, as part of its response, attach all relevant portions of the record.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20061101

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